Joseph R. Long (10th Cir. No. 06-1490, filed 07/24/08). In an action raising claims of racial discrimination and retaliation under 42 U.S.C. section 1981 brought by plaintiff-black female who sought employment as a police officer, summary judgment for defendant-Denver is affirmed where plaintiff failed to produce …
(10th Cir. No. 07-1108, filed 04/29/2008). Jail deputy was not entitled to qualified immunity for performing a strip search of a woman jailed on an invalid warrant for someone else. Archuleta was arrested on a warrant for “DV-harassment”meant for Phyllis Rivera, a lesbian Hispanic female, 42-42 year…
10 S.O.S. 6749 (Profiled in Police Magazine 12/07/10). The Los Angeles County Sheriff's Department did not violate a deputy's First Amendment rights, when the agency fired him for maintaining a personal relationship with a known prostitute and heroin user, a district appellate court has ruled. Deput…
Massachusetts v. Dep't of Health and Human Services (1st Cir. No. 10-2204, filed 05/31/12). Section 3 of the Defense of Marriage Act (DOMA) is ruled unconstitutional as a violation of equal protection, where: 1) intermediate scrutiny was not appropriate, but in areas where state regulation […]
Brooks v. Gaenzle (10th Cir. No. 09-1489, filed 08/10/2010). Officers responded to a burglary in progress and were attempting to break down a door when someone shot through it at them. A black male, Brooks, fled the residence and did not heed officer's orders to stop, so they shot him but […]
Ashcroft v. Al-Kidd (No. 10-98, filed 5/31/11). The Federal Bureau of Investigation arrested Respondent Abdullah al-Kidd as a material witness in a terrorism case. Al-Kidd sued the former United States Attorney General, Petitioner John Ashcroft, alleging that he used the material witness […]
Weise v. Casper (10th Cir. No. 09-1085, filed 01/27/10). In a Bivens action based on the exclusion of plaintiffs, by volunteers acting under government supervision, from a speech by then-President Bush, dismissal of the complaint based on qualified immunity is affirmed where plaintiffs failed […]
Blueford v. Arkansas (No. 10-1320, filed 05/24/12). The State of Arkansas brought charges against Alex Blueford for the murder of 20-month-old Matthew McFadden, Jr. Initially, the forewoman told the court that the jury unanimously agreed that Blueford had not committed capital murder or […]
Filarsky v. Delia (No. 10-1018, filed 4/17/12). The United States Supreme Court held that a private attorney hired by the government to conduct an investigation was entitled to seek qualified immunity in defense of a Section 1983 claim. Delia was a firefighter who missed work for an extended […]
Moncrieffe v. Holder (No. 11-702, filed 04/23/13). Moncrieffe, a Jamaican citizen here legally, was found by police to have 1.3 grams of marijuana in his car. He pleaded guilty under Georgia law to possession of marijuana with intent to distribute. The Federal Government sought to deport him, […]